The Maharashtra Real Estate Appellate Tribunal (MREAT) has condoned the delay by CCI Projects Pvt. Ltd. in filing an appeal against MahaRERA’s orders that had directed the developer to pay interest to homebuyers for delayed possession. The Tribunal held that the time spent pursuing a review application and a subsequent writ petition must be excluded from the limitation period.
Background: MahaRERA’s 2022 Order Granting Interest
MahaRERA had on 3 November 2022 ordered CCI Projects to pay interest to the allottees under Section 18 of the Real Estate (Regulation and Development) Act, citing delay in possession.
Instead of filing an appeal, the developer chose to seek a review of the order and filed a review application on 16 December 2022.
Review Dismissed Twice; High Court Intervenes
MahaRERA dismissed the review on 28 March 2023, stating it did not have the power to review its own orders.
CCI Projects then approached the Bombay High Court, which on 4 April 2024 set aside MahaRERA’s rejection and directed the authority to hear the review afresh.
Following the High Court’s direction, MahaRERA reconsidered the review and again dismissed it on 24 June 2024, upholding its original 2022 order.
Developer Learnt of Order After Checking Website
In its plea for condonation of delay, CCI Projects said it became aware of the 24 June 2024 review order only on 9 July 2024, when checking the MahaRERA website.
The order, according to the developer, was neither communicated nor pronounced.
The appeal before MREAT was filed on 19 August 2024.
Homebuyers Oppose Condonation
The allottees argued that:
- The delay exceeded 600 days.
- The review proceedings were “frivolous” and intended to delay compliance.
- The appeal was time-barred under Section 44 of the RERA Act.
They sought dismissal of the appeal on the ground of limitation.
Tribunal’s Findings: Developer Acted Bonafide
Allowing the condonation plea, the Tribunal noted:
- CCI Projects was bona fide pursuing legally available remedies — first before MahaRERA and then in the High Court.
- The High Court’s remand validated the developer’s action of filing a review.
- The period spent in review and writ petition proceedings must be excluded from computing delay.
- The developer filed the appeal promptly after learning of the 24 June 2024 order.
The Tribunal concluded that the promoter had shown “sufficient cause” for the delay.
Outcome
With the delay condoned, CCI Projects’ appeal against the interest order will now be heard on merits.
Also Read: Homebuyer Loses Flat, Payment Forfeited After Ignoring MahaRERA Order to Clear Dues
